Cohabitation

Child custody and contact is a tricky topic whatever the legal status of the parents of a child. For example, the parents could be unmarried and have never lived together, be a former cohabiting couple, married or divorced or in a civil partnership. In this blog we look at who has custody of a child when the parents aren’t married. Who has custody of a child? UK children law doesn’t give a parent custody of their child automatically by virtue of being a parent, whether you are an unmarried or married parent. However, if custody is in dispute, either parent can apply to court for a child arrangements order.   A child arrangements order is a bit like the old custody and contact orders as a child arrangements order sets out the person the child should live with and the contact arrangements with the other parent or other extended family members.   A child arrangements order can be very flexible and can say that there should be equal or shared parenting or, at the other extreme, the court order can say that one parent should have no contact or only indirect or supervised contact with the child.   When making a child arrangements order the court will make an order that the family law judge thinks is in your child’s best interests. The judge will consider arrange of factors when making his or her decision. These factors are known as ‘the welfare checklist’. The checklist includes looking at your child’s wishes and feelings in light of your child’s age and understanding as well as assessing how capable each parent is of meeting your child’s physical and emotional needs.   When considering the welfare checklist and what specific child arrangements order to make the court won't consider the legal status of the parent’s relationship as a very relevant factor in the decision making process. That is because the test for what child arrangements order to make, and who should get custody, is based on what is in your child’s best interests rather than the status of the parent’s relationship.   In today’s age, family judges are of the view that whether you are a married mother or father or unmarried the issue for the court to determine is what custody and contact order best meets a child’s needs. A mother and father may have been in an unmarried relationship for many years and whilst you may think that in that scenario the mother will have more ‘’rights’’ over their child a judge will make a child arrangements order, setting out the custody and contact, that he or she thinks will meet the needs of the child. For example, if the father is a loving father who has always enjoyed a close relationship with the child a shared care order may be appropriate. On the other hand, if one parent has either been physically or emotionally abusive towards the child then this would be a reason to give custody of the child to the other parent and to stop or limit the contact to the other parent. [related_posts] When it comes to children law the court looks at things from the perspective of what is best for the child and in the child’s interests. That consideration does not pay a lot of heed to whether you are married or unmarried or in a civil partnership but instead focusses on your child and their characteristics and needs. Accordingly, in the court’s eyes, it is far more important that a parent wants and is able to commit to a long term relationship with their child after a parental separation than the legal status of the parental relationship.   If you are a parent engaged in a custody or contact dispute then children law solicitors will recommend that you don’t focus on the status of your relationship with the other parent and instead focus on your child’s needs and best interests. That way the court is far more likely to be persuaded to make the type of child arrangements order that you are seeking. How can Evolve Family Law help? At Evolve Family Law we recognise that every family is different and we therefore welcome calls to discuss how we can help your family, whether it is an application for a parental responsibility order or a child arrangements order or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

The law allows you to apply for a family law injunction order if you have experienced coercive control and behaviour. In this blog, our family law solicitors look at what is meant by coercive control and behaviour.   If you need family law advice, contact Evolve Family Law.   What is coercive control and behaviour? Coercive behaviour is: Any act designed to force or coerce you into doing something against your will, An act that is intended to harm or intimidate you. Acts can include physical threats as well as other forms of humiliation or words said by your partner that make you feel as if you are no longer in control of your life or actions.   The law on coercive behaviour The law says coercive and controlling behaviour is an act designed to make you feel subordinate or dependent on your partner.  This could involve: Isolation from friends and family. Preventing independent acts or thoughts. Regulation of behaviour.   Examples of coercive control and behaviour Here are some examples of real-life coercive behaviour: Controlling what you eat and weigh (you may be told that this is for ‘your own good’, but it is still coercive and controlling behaviour). Stopping you from having a shower or bath at times other than stipulated. Preventing you from leaving the family home on your own or stopping you from seeing your friends and family. Restricting your access to money so you only get an allowance to buy food and must account for any money spent by you. Telling you that you can’t pick up the baby or play with the children other than at times allowed. Telling you that you can’t go online or monitoring your computer and telephone usage. Dictating what clothes you should wear (either too modest or too flamboyant for your taste) or saying what make-up you can wear (if any). Coercive control can occur remotely.  Some of the most intimidating coercive behaviour can be carried out by bombarding someone with text messages and phone calls, or remote spying activities.   Coercive control and who it affects Coercion and control does not just affect women in heterosexual relationships. Women can also coerce and control their male partners or husbands. Coercion and control also occur in same sex relationships. If something amounts to coercive and controlling behaviour, then it doesn’t matter if you are married, in a civil partnership or cohabiting and living together. It is the act or behaviour that is important rather than the legal status of your family relationship. If a partner is controlling, their behaviour may also affect the children. For example, they may not give the children appropriate freedoms for their age, or the children may be emotionally affected by witnessing the coercive control exercised by one parent over the other.   Recognising Coercive Behaviour Coercive and controlling behaviour can be insidious and hard for you or your friends and family to spot. That is because the coercion can be subtle or the degree of control can grow slowly over time, so you don’t recognise it for what it is. For example, getting you to agree that it is too much hassle to see your mother every week, to eventually telling you who you can and can’t see. When you are in a relationship, or you are a close friend or family member, it can be hard to spot or recognise coercive behaviour, often because it is dressed up as ‘only wanting to do what is best’ or because it is said you are so stupid or mentally unwell that your partner or husband or wife knows what is best for you. What one person would describe as coercive and controlling behaviour may be the normal experience of a husband, wife or partner who is so used to such controlling behaviour that they have become immune to it and adapted their life and thought processes around their partner’s behaviour so as not to upset them or to fit in. It is often only when you see your husband, wife, or partner starting to exercise the same coercive behaviour on your child, and you see the impact of that behaviour on your child’s demeanour and personality, that you realise that you have got to do something. In other families, it takes a close friend or family member to point out that what your partner sees as loving behaviour is stifling you and is coercive behaviour. In the past, you could only get a judge to make a family law injunction order if there had been domestic violence involving a trip to the hospital or doctor. Those days are long gone, with family judges realising that any form of domestic violence, from serious sexual assault to a slap or a push or coercion, is unacceptable.   What can I do about coercive behaviour in my relationship? If you are being subjected to coercion and control in your relationship, you can: Try to get your partner to see their behaviour for what it is and to change. This may involve counselling to get to the root cause of the coercive behaviour. In some family situations, the nature of the coercive control is such that it is not safe or healthy for you to stay in the relationship. Counselling and trying to stay together may not be a realistic option, as you need to leave the family home and separate permanently. Separate and start divorce proceedings. You can initiate no-fault divorce proceedings without needing to mention the behaviour in the divorce application. It is still important to tell your divorce solicitor about the behaviour. They can talk to you about your injunction options. Separate and start injunction proceedings. The family court makes an injunction order. The court can either make a non-molestation or an occupation order to protect you and your children Make a complaint to the police. The Serious Crime Act 2015 created a new criminal offence of controlling or coercive behaviour in an intimate or familial relationship. If your partner is found guilty, then in a serious case of coercive behaviour, they could be sent to prison for up to five years.   What is a non-molestation order? A non-molestation injunction order is a family court order that stops the person who is behaving in a coercive or controlling manner towards you or your child from continuing to do so.   What is an occupation order? An occupation injunction order is a family court order that prevents the person behaving in a coercive or controlling manner towards you or your child from continuing to live at the family home or from re-entering it, or restricts your partner or spouse from certain rooms in the family home.   Breaching an injunction order If your partner or spouse breaches a family court injunction order, it constitutes contempt of court and a criminal offence.   You might also be interested in [related_posts]   Talking to your divorce and family law solicitor about coercive behaviour If you take the step of deciding to speak to a divorce solicitor about your marriage or relationship, it is essential to tell them about the coercive control. Many people are too embarrassed to talk about their partner or spouse’s behaviour, or they decide that their partner’s behaviour isn’t relevant because they don’t want to apply for an injunction order. Even if you don’t want your divorce solicitor to act on the coercive behaviour information and apply for an injunction, it is still important to tell them about it so that they understand why you may have concerns about your children having contact and why you want a child arrangements order or why you may want a financial settlement that includes a clean break financial court order.   How Evolve Family Law can help you The family law solicitors at Evolve Family Law will support you during your relationship breakdown and help you find the best long-term family solutions for you and your family. Our family lawyers are approachable and friendly, providing expert divorce, children and financial settlement advice, with experience in advising on separations or divorces where a partner has been abusive or is narcissistic and controlling.     Contact Evolve Family Law Today for Expert Family Law Advice.